Legal Question in Wills and Trusts in Florida

check written ''the estste of''

my 18 year old son died in a car accident last month. i have two checks that were made out to ''the estate of'' 1 is his last pay check, the other is his college tuition. we do not have an estate set up for him. how do we cash the checks. thank you, kyle


Asked on 12/01/06, 8:06 am

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: check written ''the estste of''

You will need to do some type of probate through the clerk of the circuit court in the county where he resided. There is a simplified process in which the probate clerk should assist you, if available. It is available for reimbursement of funeral expenses up to $6000. Whoever paid them would go to the clerk's office with a certified copy of the death certificate, proof of payment and the amount of the funeral bill, and the checks. The filing fee should be $105. If that will not work, Summary Probate for up to $75,000 is available, but would require the assistance of an attorney. It should not cost more than $1000 including all costs. It is not available if the decedent has creditors who have/will not be paid. The last choice is formal probate, which again would require the assistance of an attorney. The cost normally would not exceed $2,500 if it is an uncontested probate. Any Florida attorney who handles probate should be albe to assist you.

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Answered on 12/02/06, 12:52 pm


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